Regulatory Proceedings – The Dishonesty Test

In the ordinary course of events, one might not have expected that a legal case involving a professional gambler, disputed casino winnings and the finer points of the rules of Punto Banco Baccarat could possibly have any impact on those engaged in healthcare practice. The Supreme Court ruling in Ivey will, however, impact on those practitioners who finding themselves facing allegations of dishonesty before their regulatory bodies.

The debate about the correct test to apply in deciding dishonesty in fitness to practise proceedings has been raging for some time. The Supreme Court judgement makes clear that an individual’s genuinely held objective belief that their actions are not dishonest will not itself suffice as a defence to dishonesty allegations. To succeed in such a defence, it must now also be established that (taking into account the individual’s beliefs) their actions would not be considered dishonest applying an objective test of ordinary decent people.